News & Analysis as of

Environmental Violations Discharge of Pollutants Clean Water Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Trump Tower (Chicago) Enters into Consent Order with Environmental Organizations...

The Illinois Attorney General along with the Sierra Club and Friends of the Chicago River entered into a Consent Order (“CO”) with 401 North Wabash Venture, LLC d/b/a Trump International Hotel & Tower (“Trump Tower”)...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement/Clean Water Act: United States District Court (District of Connecticut) Sentences Water Main...

The United States Attorney’s Office for the District of Connecticut issued a March 4th press release stating that National Water Main Cleaning Company (“NWMCC”) was sentenced by the United States District Court for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter...

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter into Expedited Settlement Agreement - The United States Environmental Protection Agency (“EPA”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Clean Water Act Enforcement: U.S. Environmental Protection Agency and SpaceX Enter into Consent Agreement and Final Order

The United States Environmental Protection Agency (“EPA”) and Space Exploration Technologies Corp. (“SpaceX”) entered into a January 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement: Michigan Attorney General Announces Arrest of an Individual for Alleged Activities Associated...

Michigan Attorney General Dana Nessel issued a news release announcing the arrest and arraignment of Rajinder Singh Minhas alleging: …multiple felony and misdemeanor charges for allegedly mismanaging and neglecting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Heidelberg Petroleum Refinery Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hunt Southland Refining Company LLC (“Hunt”) entered into a November 18th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pretreatment Enforcement/Clean Water Act: Mississippi Commission on Environmental Quality and Hattiesburg Soft Drink Manufacturer...

The Mississippi Committee on Environmental Quality (“MCEQ”) and Wis-Pak of Hattiesburg, LLC (“Wis-Pak”) entered into an October 5th Agreed Order (“AO”) addressing an alleged violation of a Clean Water Act Pretreatment Permit....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Greenbrier...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pretreatment/Clean Water Enforcement: Alabama Department of Environmental Management and Decatur Soybean Processing/Oil Refinery...

The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

Nossaman LLP on

On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Imboden Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Imboden, Arkansas, (“Imboden”) entered into a May 9th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Lake Village...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas (“Lake Village”) entered into an April 26th Consent Administrative Order (“CAO”) addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement/Clean Water Act: Adair County, Kentucky, Oil Lease Tank Battery Operator Indicted for Alleged...

The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

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The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

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